WEBER WATER RESOURCES CA, LLC (2)

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Page 12 of 20 3. professional services with respect to any Building Information Modeling (BIM) systems, including but not limited to modification, alteration, transfer, protection, manipulation, use, or misuse thereof, or design assist system or program, and the foregoing within Integrated Project Delivery (IPD), Public- Private Partnership projects(P3s), or Lean Project Delivery System (LPDS); or 4. environmental consulting, environmental engineering, environmental site assessment, remedial investigations, feasibility studies, remedial design, environmental monitoring, testing and sampling, remedial oversight and management, ecological studies, environmental training, industrial hygiene, forensic inspections and expert witness services; or 5. ordinary technology services utilized in the performance of the Professional Services described above. Such technology services include the design, development, programming, analysis, training, use, hosting, management, support, and maintenance of any software, database, internet service, or website. II. Property Damage means: 1. physical injury to or destruction of tangible property, including resulting loss of use thereof;or 2. loss of use of tangible property that has not been physically injured or destroyed; or 3. diminution of property value; or 4. Natural Resource Damage. JJ. Protective Claim means written demand, demand for arbitration or mediation or a suit instituted by you against the Responsible Entity seeking a remedy and alleging liability or responsibility on the part of such Responsible Entity arising from: 1. a negligent act,error or omission in the rendering of or failure to render Professional Services; or 2. a Pollution Condition resulting from the performance of Contracting Activities. Protective Claim does not include a demand or proceeding for non-monetary or injunctive relief. KK.Protective Loss means: 1. any amounts you are legally entitled to recover; or 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have granted a Limitation of Liability permitted by this Policy, any amounts you would have been legally entitled to recover in the absence of such Limitation of Liability; from each Responsible Entity: 1. due to a negligent act, error or omission in the rendering of Professional Services; or 2. for Bodily Injury, Property Damage or Cleanup Costs due to a Pollution Condition. In the event that multiple Responsible Entities cause the same or related loss, the amount of Protective Loss shall not exceed the single loss caused by such multiple Responsible Entities. LL. Recoverable Insurance means the lesser of either Item 1. or 2.below: 1. all liability insurance applicable to the Professional Services or Pollution Condition from which the Protective Claim arises and providing such applicable coverage to any Responsible Entity or any person or entity for which the Responsible Entity is responsible; or 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have granted a Limitation of Liability permitted by this Policy that is applicable to the Protective Claim, such Limitation of Liability. MM. Responsible Entity means those persons or entities, retained by you or on your"K"n1F •^^�'^•^^ Professional Services or Contractor Activities. xiekManegatnattD[vlstnrt ��` APPROVED � REVIEWED& NN.Restoration Costs means the reasonable and necessary costs incurred by yt gTuilll:l • flsiZz Acevedo Risk Management Specialist Policy Form: PERFORM-10002(11-20)